Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Affidavit validity

Legal area

Court

18 May 2022

1. ) WAN MOHD AMINUDDIN BIN W.ISMAIL 2. ) ZU @ ZULKIFLI BIN MAMAT MOHD YUSRI BIN MD SAYOTI

Citation

DA-12A-9-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12A-9-08/2019 (Mahkamah Tinggi)

The appeal is dismissed because the Sessions Court properly exercised its discretion: the supporting affidavit was defective (sworn by solicitors), the applicants failed to explain and justify the delay or act bona fide, the proposed amendment would change the character of the defence and prejudice the plaintiff, and the coordinator's report was hearsay and unprovable, so leave to amend was rightly refused.
30 May 2021

Malayan Banking Berhad (No. Syarikat: 196001000142 (3812-K) Cheong Hock @ Cheong Kim Hock

Citation

JA-12A-NCvC-15-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12A-NCvC-15-09/2020 (Mahkamah Tinggi)

The High Court held the production of the FD receipts established a prima facie entitlement to the principal sum of RM138,000 and the Defendant failed to show a bona fide triable defence to the principal claim, thus confirming summary judgment for the principal. However, the interest element was not a clear-cut matter because the 7.90% rate was stated for a one-month term and bank rates fluctuate; therefore the interest claim raised triable issues and was set aside and remitted to the Sessions Court for trial. General and exemplary damages were abandoned by the Plaintiff and struck down.